Posting workers to Germany

- process and formalities 🇩🇪

Posting workers to Germany may involve several steps and requirements, including:

  1. Registration: The first step is registering your company with German authorities. This involves obtaining a tax identification number and submitting a social security and health insurance application.
  2. Defining the applicable regulations: There are different regulations depending on the type of work and duration of the posting . The most common regulations are the Posted Workers Act (Arbeitnehmer-Entsendegesetz or AEntG) and the Minimum Wage Act (Mindestlohngesetz or MiLoG).
  3. Providing the necessary documents: The employer must provide the necessary documents, including a posting declaration (Entsendebescheinigung), which sets out the posting conditions, and proof of compliance with German employment law.
  4. Appointment of a representative: The employer must appoint a representative in Germany who can act as a point of contact with the authorities and ensure compliance with German regulations.
  5. Payment of minimum wage: If the posting is covered by the MiLoG, the employer must ensure that the employee receives at least the minimum wage in Germany, which is currently €12 per hour.
  6. Record keeping: The employer must retain documentation relating to the posting, including proof of compliance with German regulations, for at least two years after the end of the posting.
  7. Monitoring the posting: The employer must monitor the posting to ensure that the employee works under the agreed terms and conditions and that all German regulations are complied with.

Please note that posting employees to Germany can be a complex process, and specific requirements and regulations may vary depending on the situation. It is recommended to seek advice from a lawyer or professional service provider with experience in this field to ensure compliance with all relevant laws and regulations.

Employers should seek advice to ensure compliance with all relevant regulations. Please contact our office to develop a posting scenario that complies with local requirements to avoid penalties and unnecessary legal complications.

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